Headhunters in Personnel Staffing Industry Dissertation. Retrieved from https://studentshare.org/law/1682103-business-law
Headhunters in Personnel Staffing Industry Dissertation. https://studentshare.org/law/1682103-business-law.
Headhunters in Personnel Staffing IndustryHeadhunters are very useful in filling important and competitive positions in an organization (Finlay and Coverdill 4). They go through many resumes of performers in specific fields in the effort to get the best for their clients. In this regard, the agreement between the employers and headhunters should be taken as an implied contract rather than a written agreement. Players in the personnel staffing industry have their pricing strategies that are communicated to the employers before a service.
The existent of prices and the services to be offered imply that there exists an unwritten contract between them.From the recruiter’s standpoint, signing written agreements wastes a lot of time due to the formalities involved. Moreover, there may be attorney charges that would increase the cost of the deals. Some businesses may require few replacements, and thus the cost of entering into such agreements is high when the commission charges are low. Further, signing written agreements to recruit workers with certain qualities comes as a contractual obligation that must be fulfilled.
However, there are instances where headhunters may not find the ideal candidates, which puts their competitiveness at risk or risk legal action from employers.Employers also benefit from “gentlemen’s agreements”. There are instances where headhunters save businesses in dire need of employees. In these situations, the employers need urgent solutions that are easily found through “gentlemen’s agreements”. Designing and signing of a legal contract would be time wasting for both parties.
In normal practice, headhunters may lure employees from competitors. Such actions cannot be easily put in legal terms. Thus, requiring headhunters to sign written contract is detrimental to the personnel staffing industry.An agreement between headhunters and businesses should be treated as a legal contract. Headhunters and employers would then be in a binding agreement. In addition, headhunters should clearly outline their charges and the modalities of their operations. Recruiting agencies are crucial in an enabling the meeting of employers and prospecting employees.
For example, in the case Cantell, et al. V. Hill Holliday Connors Cosmopulos, Inc., the recruiter enabled Hill Holiday to meet Nancy Lehrer, whom it employed later. Though there was no signed agreement, headhunters enabled Hill Holiday secure an employee; thus, they ought to pay a commission since it is the only way recruiters make money (Conklin 25).I believe that the agreement between the plaintiff and the defendant in the case could be strengthened by clear guidelines in regard to the operations of the recruiter.
In such a case, an employer can know that it owes headhunters for any communication it makes with their referral. Thus, the industry can continue surviving with its current simplicity.Response to classmate 1I agree that “gentlemen’s agreements” should be treated as implied contracts. However, it confuses me when you say that these agreements should be written. From the argument, there is no proof that the lack of written contracts affects the industry negatively.Response to classmate 2I confer that signing written contracts is time wasting and slows down the activity in this important industry.
It is true that “gentlemen’s agreements” are fast and boost working relationships between employers and headhunters. Relationships built on trust ensures that employers get the best and headhunters get their commissions.Works CitedConklin, Linda. Career Coach: Getting the Right Job Right Now. Raleigh: Lulu Publishing, 2008. Print.Finlay, William, and James E. Coverdill. Headhunters: Matchmaking in the Labor Market. Ithaca: Cornell University Press, 2007. Print.Lerner, Jill. "Ruling Nixes Headhunters' Handshake Agreements.
" Boston Business Journal. N.p., 26 Aug. 2002. Web. 9 Mar. 2015.
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